no licensed embalmer shall embalm human remains w/o first having obtained authorization from individual(s) with right to control disposition

is embalming required by WA state law

18.39.215

no except under certain conditions as determined by rule or by the state board of health

refrigeration

18.39.215

refrigerate human remains upon receipt of remains. Violation is a gross misdemeanor

what penalty is assessed for "kickbacks" or a discount for purchasing a share or interest in the business

18.39.250

Gross misdemeanor

can a licensee provide financial advice

18.39.231

no. the crime is a gross misdemeanor and is ground for disciplinary action

what percentage can a funeral home keep in a prearrangement contract

18.39.250

up to 10%

deposits to the prearrangement funeral service trust shall be made not later than the ___ day of the month following receipt of each payment

18.39.250

20th

all prearrangement funeral service trust moneys shall be deposited in ___?

18.39.250

deposited in an insured account in a commercial bank, trust company, mutual savings bank, savings and loan association, or credit union, whether state or federally chartered

who owns the interest, dividends, or growth of a trust

18.39.250

the TRUST (beneficiaries)

how much can be deducted per year from a trust for administration costs

18.39.250

1% of the amount in the trust

what circumstances permit withdrawal of all funds plus accruals in a prearrangement contract

18.39.250

a funeral home files a verified statement with trustees that the prearranged merchandise and services were furnished b. funeral home files a verified statement that prearrangement contract was cancelled

when can the prearrangement contracts be terminated by the board

18.39.250

funeral home goes out of business, becomes insolvent or bankrupt, makes an assignment for the benefit or creditors, has its prearrangement registration revoked, or cannot fulfill obligations in contract

can prearrangement trust moneys be used directly or indirectly for the benefit of any funeral director etc?

18.39.250

no

what is a contract defined as if the beneficiary is a recipient of public assistance or reasonably anticipates being so?

18.39.250

contract is irrevocable (the beneficiary thus remains eligible for assistance)

why would DSHS contract a trust

18.39.250

if there is a claim on the estate for long-term care services. such notice shall be renewed every 3 yrs. (doesn't work like this in the real world)

3) informs purchaser that amounts paid for insurance may not be refundable

4) informs that any funds not used for services may be subject to a claim for reimbursement for state long-term care

to sell prearrangement contracts, a funeral home needs?

18.39.260

certificate of Registration

how often does a funeral director need to file a statement of its financial condition and transactions involving prearrangement contracts for the preceding fiscal year

18.39.320

once per year

any person who violates or fails to comply with or aids and abets any person in violation of prearrangement contracts, is guilty of ___

18.39.350

class C felony, unfair practice and is grounds for revocation

unprofessional conduct includes

18.39.410

1) solicitation of human remains

2) finders fees for impending deaths

3) kickbacks from vendors (ex. cemeteries, florists)

4) re-using a casket w/o written consent of person with right to control disposition

5) violation of local laws re: handling human remains

6) not promptly surrender remains to person with right to control disposition

7) offering a discount for purchase of share or interest in business

8) violation state or fed laws on funeral practice

9) knowingly concealing a violation of Title

who can complain to board about alleged unprofessional conduct

18.39.420

consumer, licensee, corporation, organization, and state and local governmental agency

if a licensee defaults on a student loan, what happens

18.39.465

the director suspends the license after Brief Adjudicative Process, until the lending agency writes a release stating payments are being made

what violation is it if one is unlicensed and a registration, endorsement, or permit is required

18.39.530

gross misdemeanor

how soon can a hearing be scheduled if a licensee or applicant requests a hearing after service of a charge

18.235.050

not earlier than 30 days

can a person whose license has been revoked petition to get it back

18.235.100

yes, and the disciplinary authority may require successful completion of the exam as condition for the reinstatement

upon finding of unprofessional conduct, what can disciplinary authority do

18.235.110

a) revoke license

b) suspend license

c) restrict or limit practice

d) remedial education or treatment

e) monitor practice

f) censure, reprimand

g) probation conditions

h) fine

I) denial to renew license

j) other

if fine is ordered and not paid in timely manner, what can disciplinary authority do

enforce the order for payment in superior court in county in which hearing was held

unprofessional conduct can be this

18.235.130

advertising that is false, deceptive, or misleading

unprofessional conduct can be this...

18.235.130

act of moral turpitude, dishonesty, or corruption relating to biz or profession... even if not a crime

unprofessional conduct can be this...

18.235.130

misrepresentation or concealment of material fact in obtaining or renewing a license

unprofessional conduct can be this...

18.235.130

incompetence, negligence, or malpractice that results in harm or danger to another to another or that creates an unreasonable risk or harm or damage to another

unprofessional conduct can be this...

18.235.130

a suspension, revocation, or restriction of a license to engage in any business or profession by competent authority in any state, federal, or foreign jurisdiction

unprofessional conduct can be this...

18.235.130

failure to cooperate with the disciplinary authority in the course of an investigation, audit, or inspection authorized by law

unprofessional conduct can be this...

18.235.130

failure to comply with an order by the disciplinary authority

unprofessional conduct can be this...

18.235.130

violating any provisions as specified in RCW 18.235.020 (includes 118.39 and title 68)

unprofessional conduct can be this....

18.235.130

aiding or abetting an unlicensed person to practice or operate a business or profession when a license is required

unprofessional conduct can be this...

18235.130

practice or operation of a business or profession beyond the scope of practice or operation as defined by the law or rule

unprofessional conduct can be this...

18.235.130

misrepresentation in any aspect of the conduct or the business or profession

unprofessional conduct can do this..

18.235.130

failure to adequately supervise or oversee auxiliary staff, whether employees or contractors, to the extent that consumers may be harmed or damaged

unprofessional conduct can be this..

18.235.130

conviction of any gross misdemeanor or felony relating to the practice of the person's profession or operation of the person's business

unprofessional conduct can be this...

18.235.130

interference with an investigation by disciplinary authority

unprofessional conduct can be this...

18.235.130

engaging in unlicensed practices as defined in RCW 18.235.010

how much can the disciplinary authority fine an unlicensed person for performing licensed activities

18.235.130

a civil fine up to 1000 per day and may issue a cease and desist order

how much can a fine be for a person or business that violates an injunction

18.235.160

up to 25,000$

what is a person guilty of if attempting to obtain or maintain a license by willful or fraudulent misrepresentation

gross misdemeanor

how should pre-need contracts appear

contracts must be written in language that can be easily understood by all parties and printed or typed in easily readable type size and style

pre-need contracts need to contain 4 items on them, what are they

1) the name of the purchaser and the beneficiary of the contract

2) description of the services and merchandise to be provided

3) the total purchase price to be paid under the contract and the manner and terms which will govern payment

4) that all funds placed in trust plus net accruals are subject to refund

who should date and sign the pre-need contract

such contract shall be dates and be executed by the purchaser and by the funeral establishment through its owner, officer or managing agent

such prearrangement funeral service trust agreements shall be btwn the funeral establishment and trustees designated by the funeral establishment. the agreement shall include language that provides for 8

a) a minimum of 2 trustees

b) duties and responsibilities of the trustees

c) method of removal of trustees

d) selection of depository(s)

e) details as to investment and administration of the trust

f) compensation of trustees and expenses to be used

h) provisions or amendment and termination of the trust agreement

does the board need to approve pre-need funeral trust agreements

yes

trust fund depository agreement requirement

-set forth terms and conditions for deposits and withdrawals

-insured accounts or protected by fed

-conditions for termination or transfer of the trust

annual statement requirements. how many days after fiscal yr has ended, does the funeral home have to make statement to board about its financial health

90

what does an annual statement for the funeral home include

the statement shall include a balance sheet and profit and loss statement for the preceding fiscal year and/or other such fiscal documents as the board may requie

the funeral establishment shall list any changes in its officers, directors, managers or partners or any change in ownership greater than ___ percent which have occurred in the preceding fiscal yr

10%

with respect to each prearrangement funeral service contract trust fund, the following information must be provided (8 ttl)

1- depository name and acct #

2- # contracts at fiscal yr beginning

3- ttl amount paid by contract holders

4- ttl amount deposit trust fund

5- # new contrcts

6- amount paid on new contracts

7- withdrawals (includes principle and earnings)

8- # outstanding contracts and amount in trust

the annual report form must include a yr-end statement from the depository as to the amount of money held in funeral ____ ____ as of the reporting date

prearrangement trust

for the general welfare of the public and in order to protect the integrity of the funeral industry, the use of ___ ___ of prearrangements must be defined by the board

telephonesolicitation

"___ ___ " means an unsolicited telephone call to a person and conversation for the purpose of inducing the person to make funeral prearrangements made w/o previous invitation, expressed or implied, by the person called

telephone solocitation

time limits for telephone solicitation

more than 1x/6months

before 8am, after 9pm

if person called on a telephone solicitation requests not to be called put them on no call list...

do not contact the callee for at least 1yr

identification, w/I the first 30sec of the call, a telephone solicitor or salesperson shall:

a) identify herself, the company on whose behalf the solicitation is being made, the property, goods, or services being represented

b) terminate the telephone call w/I 10sec if the purchaser indicates he or she does not want the call

retired status certificate of registration, how old do you have to be and what benefits does this confer

age 62

registration fee waived

no continuing

in addition to the waiver of the renewal fee and continuing education, a retired registrant is permitted to

a) retain wall certificate

b) title funeral director supplement by "retire"

c) consultant services on funeral directors

d) provide referrals for persons seeking licensure

e) volunteer instructing on funeral directing

f) technical expert for court, or litigate

can a retired funeral director/embalmer be active again

yes, need to submit current licensing fee and written request to obtain license again

care of human remains there are 7 requirements (1) is

comply with all applicable Washington state laws, rules and regulations related to health or the handling, transportation or disposition of human remains

care of human remains there are 7 requirements (2) is

not perform any act which will tend to affect adversely the dignity, individual integrity or the respectful and reverential handling and burial or other customary disposition of human remains

care of human remains there are 7 requirements 3 is

upon receipt of remains, obtain ID of remains as set, by the institution, agency, or individual releasing remains and place an ID bracelet or tag on the ankle or wrist. if remains are in protective pouch due to condition, tag in/out of pouch

care of human remains, there are 7 requirements 4 is

follow the directions of the individual or individuals that has/have the right to control the disposition of the human remains

care of the remains there are 7 requirements 5 is

record this info, name, dod, pod, name and relationship of person(s) with right to control disposition, date and time of receipt of remains, date and time of refrigeration and/or embalming, method, date and location of disposition

care of human remains, there are 7 requirements 6 is

not separate any organs, viscera or appendages of a human remains from any portion of remains for separate disposition

care of human remains, there 7 requirements 7 is

the entire non cremated human remains that funeral homes has received and has poss. of must be maintained and disposed of as one entity

care of human remains, there are 7 requirements, 7 is

provide refrigerated holding of a human remains foe which embalming has not been authorized. in addition to these regulations, the handling and refrigeration of human remains shall be governed by chapter 246-500 WAC

who can be present during prep, embalming or autopsy

care and preparation for burial or disposition of all remains are private. no one allowed in embalming or prep rooms while remains are embalming or during autopsy except the licensee, authorized employees, and public officials in discharge of duties

does a funeral home (fun establishment) need an exclusive area/office at an identified location for conducting the business which is accessible to the public

yes, space must be made to the public

provide private and secure area(s) for holding human remains which will include

-refrigerator with max temp of 48deg

-sink with hot/cold H2O

-covered receptacles for soiled linend, bandages, refuse and other waste materials which meet OSHA, WISHA, DOH and other applicable regulation

-chemicals for disinfecting remains

-chemicals storage

does a funeral home need restrooms for public and staff

yes

what if the cooler is off-site

provide the ID of the facility on request to board and individual(s) with right to control the disposition of the human remains where this establishment or branch provides for the holding and/or preparation of the human remains entrusted to its care

when transporting human remains, how should vehicles provide privacy for human remains

provide for the privacy of human remains in vehicles by screening, curtains, or adequately tinted windows

what are requirements for embalming facilities

-surfaces tile or washable material

-light and ventilation

-hot and cold H2O, utility sink, and storage for instruments/supplies

-sewage and waste disposal and drainage

-entry door lab "Private", porous

-covered receptacles

when does a licensee control remains

no licensee will, directly or indirectly, assume control of any remains w/o having first obtained authority from the person(s) having the right the right to control the disposition of the remains under RCW 68.50.160

what does "confidence" entail

no licensee will remove, embalm, or perform prep of human remains when he/she has information indicating crime or violence in connection with the cause of death, until permission is obtained from coroner, medical examiner or other qualified official.